ADOREMAT

TERMS AND CONDITIONS

1. GENERAL

The following terms and conditions relate to the use of the Adoremat website (www.adoremat.com.au), together with the purchase of any products or associated services featured on that website via our online store (“Website”) (“Products”) (“eStore”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between Rachael Ann Maclaren trading as Adoremat ABN 73 789 435 878 (“Adoremat”) (“us”, “we”, “our”) the owner and operator of the Website, and you (“you”, “your” or “user(s)”), a user of the Website and/or purchaser of any Products.

By accessing, browsing or using this Website, or purchasing any Products, you agree to these Terms and Conditions. If you do not agree to any of these Terms and Conditions, then you must not access or use this Website. We may amend these Terms and Conditions from time to time. Any amendment is effective immediately.

2. ONLINE ORDERS AND TRANSACTIONS

Orders are made at our eStore at www.adoremat.com.au via secure e-commerce payment platform provided by Shopify Inc. Payment can be made by Visa, Mastercard or Paypal. Shipping to online customers is available to addresses in Australia and the USA. Delivery and shipping information is provided below.           

Products are available exclusively online through our Website. These Products may have limited quantities.

All purchases are subject to our Returns Policy available here, which are provided in addition to your rights under the Australian Consumer Law and associated Consumer Guarantees (as defined under the Australian Consumer Law), where applicable.

We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction or to otherwise limit the quantities of any Products that may be purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, unless such parties have entered into a wholesale agreement with us. We may exercise any of these rights on a case-by-case basis. 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In the event it is necessary to issue you with an eShop credit, we will provide you with instructions and a redemption code.

All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.

We have made every effort to display as accurately as possible the colours and images of our Products featured at our eShop including but not limited to finishes and textures. We cannot guarantee that your computer monitor's display of any colour, finish or texture will be accurate.

Custom Made Products

We do not refund for change of mind for our Custom Made Products. However, we are happy to work with you to ensure you are happy with your finished Product. We rely on the accuracy of any images and content you provide for the purposes of our manufacture of your Custom Made Product (“Content”). You warrant to us that you have the right to use, and to licence us to use, any Content that you provide. We take no responsibility for Content that you provide which is inaccurate and you indemnify us against any loss or damage we suffer as a result of your provision of that Content. 

3. PRICING AND SHIPPING 

All prices for Australian customers are displayed and charged in Australian dollars (AUD) and unless otherwise stated, are inclusive of GST (where applicable). 

Refunds and returns are subject to our Returns Policy www.adoremat.com.au/returns 

Prior to checkout, we agree to quote you the delivery fee. Delivery fees vary based upon your location in Australia. Please visit www.adoremat.com.au/shipping for our delivery rates.

A non-refundable deposit may be required to secure your order.

Delivery Times

Please allow 14 – 21 working days following design approval date for delivery. Delivery to some locations may take longer than others.

Saturday, Sunday and Public Holiday deliveries are not generally available.

Delivery Addresses

Delivery addresses are required to be supplied when you place your order either at checkout in our eShop or with us in the Showroom and you warrant to us that the delivery address you provide is correct, along with any applicable delivery instructions. We accept no liability for incorrect address details you provide and reserve the right to charge you an additional delivery fee in the event we are unable to deliver to the address you provide. 

Local Pick Up

Local Pick Up is available from our location at The Cottage, 22 Lawson Crescent, Coffs Harbour NSW 2450, free of charge. When purchasing from our eShop, specify Local Pickup from Coffs Harbour as an option.

Problems with Deliveries or Delivered Products

Even though great care is taken in the shipping process, if your item/s arrives damaged, please contact us at customerservice@adoremat.com.au to assess the damage and to work out a solution. You may be requested to provide of photograph of your item/s and /or delivery package to aid a speedy resolution.

For returns under Australian Consumer Law, please contact us at customerservice@adoremat.com.au to arrange collection of the item/s to be delivered back to us for assessment, exchange, repair or refund.

We reserve the right to charge for return shipping in certain circumstances.

Where we have been unable to deliver to the intended recipient, our courier may leave a card to call. We reserve the right to charge for any redelivery costs associated with the incorrect provision of delivery details or if we are unable to deliver per your instructions due to an omission by you. 

4. ACCURACY OF BILLING AND ACCOUNT INFORMATION

Contact Details 

You agree to provide current, complete and accurate purchase and account information for all purchases of Products made at our eShop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

eShop Passwords

If you are issues with an eShop Password, you must keep your eShop Password safe, secure and not to disclose it to anyone else. For more information visit our FAQ’s page https:// www.adoremat.com.au/faq

5. ALTERATIONS TO ORDERS

Generally orders are not able to be cancelled once they have been placed. Any requests to substitute an order should be submitted via email to us at orders@adoremat.com

We reserve the right to refuse alterations and amendments. 

6. COMPLAINT POLICIES

Complaint Policy

In the unlikely event that your Product has been damaged during shipping or is otherwise defective please see our Returns Policy https:// www.adoremat.com.au/returns

Adoremat provides warranties in addition to your rights under the Australian Consumer Law. For more information please see our Returns Policy at www.adoremat.com.au/returns.

Adoremat uses reputable third party distributors. Whilst every care is taken to ensure accurate and safe shipping, we cannot provide warranties against unforeseen circumstances, such as damage or delay that results in a parcel not arriving at a certain time or place. We will work with you to assist in resolving any issues that may be a result of a third-party failure. For more information see our FAQ’s page www.adoremat.com.au/faqs

7. PRIVACY

Adoremat complies with its obligations in relation to your privacy and personal information. For more information about how we handle your personal information or to view our Privacy Statement go to www.adoremat.com.au/privacy

8. USE OF OUR WEBSITE - SPECIFIC WARNINGS

You must not access or use our Website (a) in a way that violates these Terms and Conditions, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Website or any linked website. Whilst we have no reason to believe that any information contained on our Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. Responsibility for the content of advertisements appearing on our Website (including any hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

9. FRAUD

Any party engaged in illegal activities involving the Websites will be subject to civil and criminal sanctions and prosecution. 

Adoremat does not guarantee that it will be able to prevent any illegal or inappropriate use of its Website, nor that it will give notice of any illegal or inappropriate use of its Website. 

It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

10. COPYRIGHT

Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or
2. commercialise any information, products or services obtained from any part of our Website, without our written permission.

        All trademarks appearing on our Website belong to their respective owners.

11. RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to our Website only for your personal use. You may not without our written permission on-sell information obtained from our Website.

12. LINKED WEBSITES

Our Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

13. DISCLAIMER

This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our Website. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms and Conditions.

14. SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

15. TERMINATION OF ACCESS

Access to our Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

16. FORCE MAJEURE

Adoremat is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Adoremat’s control. 

17. LIMITATION OF LIABILITY

Other than to the extent prohibited under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Website or purchase or consumption of any of our Products. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Website or sale of our Products be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or purchase or consumption of our Products, or any websites linked to our Website (including the materials, information or services contained on such sites) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Website or any content, you agree that your sole remedy is to cease using our Website.

In the event of any defect with Products that you have purchased on or through our Website, your remedies will be as prescribed by Australian Consumer Law, and our liability will be limited to replacement of the Product in question, or refund to the value of that Product, or as otherwise prescribed by Australian Consumer Law. If the Products are goods not ordinarily acquired personal, domestic or household use or consumption for the purposes of Australian Consumer Law, our liability shall be limited to the re-supply of the Products or refund of the cost of supplying the Products.

18. INDEMNITY

You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms and Conditions or from any other loss which may arise from or as a result of any breach of these Terms and Conditions or use of our Website or purchase of Products by you or your officers, employees, agents, contractors or consultants

19. AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on our Website. Your continued use of our Website following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.

20. GOVERNING LAW

The use of the Website and these Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia.

Any legal action arising out of its use shall be brought and enforced under the applicable Australian Law.

By using this Website and/or purchasing any Products, you agree to submit to non-exclusive jurisdiction of the courts of the State of New South Wales.